A truck driver was acquitted of criminal negligence which led to the death of Johanna Boni in January 2016.

Magistrate Nadine Lia ruled that a miscalculated manoeuvre by the motorcyclist when she tried to overtake the heavy vehicle had been a contributing factor to the fatal impact.

Carmel Cauchi, 53 at the time of the accident, was driving a heavily loaded left-hand drive truck down Labour Avenue, Naxxar.

The magistrate noted following the testimony given by eyewitnesses and reports drawn up  by experts, “the truck driver could do nothing to know that the victim was going to attempt that manoeuvre which placed her life in such danger".

Boni tried to overtake the heavily loaded vehicle rather than wait and follow slowly once the truck exited a stop sign, the magistrate ruled. 

She tried to overtake but miscalculated, made contact with the truck tyre and was dragged with such grave consequences. 

The accident could not be avoided because it was the victim who drove the way she did to attempt overtaking and the court was morally convinced that the victim’s own actions had caused the accident.

The prosecution had failed to prove beyond reasonable doubt the truck driver’s criminal negligence, the court ruled.

Lawyers Arthur Azzopardi, Jacob Magri and Alessia Zammit McKeon were defence counsel.

Lawyers Michael and Lucio Sciriha and Roberto Spiteri appeared parte civile.